[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Notices]
[Pages 7124-7126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4225]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-400]


Shearon Harris Nuclear Power Plant; Notice of Consideration of 
Issuance of Amendment to Facility Operating License, Proposed No 
Significant Hazards Consideration Determination, and Opportunity for a 
Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of an amendment to Facility Operating License No. 
NPF-63, issued to the Carolina Power & Light Company (the licensee), 
for operation of the Shearon Harris Nuclear Power Plant located in Wake 
and Chatham Counties, North Carolina.
    The proposed amendment would allow a one-time extension for the 
performance of the trip actuating device operational test for one of 
the safety injection manual initiation switches. Technical 
Specification (TS) 4.3.2.1, Engineered Safety Features Actuation System 
(ESFAS) Instrumentation, requires that each instrumentation channel and 
interlock and the automatic actuation logic and relays be demonstrated 
operable by performance of surveillance requirements specified in TS 
Table 4.3-2. Table 4.3-2, Item 1.a requires that a trip actuating 
device operational test be performed for Safety Injection (SI) manual 
initiation at least every 18 months. The licensee discovered on 
February 12, 1996, that only three of the four switch contacts have 
been tested in the required 18-month periodicity. The fourth switch 
contact was last tested on May 3, 1994. With the advent of the 
surveillance requirement grace period, this surveillance test for the 
fourth switch contact would have to be performed prior to March 16, 
1996. However, this surveillance test cannot be performed at power. 
Therefore, the licensee is requesting a one-time extension of the 
surveillance test interval to avoid a plant shutdown. The exigent 
circumstances exist because the licensee did not discover the test 
discrepancy until February 12, 1996.
    Before issuance of the proposed license amendment, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    Pursuant to 10 CFR 50.91(a)(6) for amendments to be granted under 
exigent circumstances, the NRC staff must determine that the amendment 
request involves no significant hazards consideration. Under the 
Commission's regulations in 10 CFR 50.92, this means that operation of 
the facility in accordance with the proposed amendment would not (1) 
involve a significant increase in the probability or consequences of an 
accident previously evaluated; or (2) create the possibility of a new 
or different kind of accident from any accident previously evaluated; 
or (3) involve a significant reduction in a margin of safety. As 
required by 10 CFR 50.91(a), the licensee has provided its analysis of 
the issue of no significant hazards consideration, which is presented 
below:
    This change does not involve a significant hazards consideration 
for the following reasons:

    1. The proposed amendment does not involve a significant 
increase in the probability or consequences of an accident 
previously evaluated.
    The proposed amendment does not involve any design or material 
changes to the plant. The change does not in any way affect the 
automatic ESFAS [Engineered Safety Features Actuation System] 
initiation; it only affects one of the two redundant switches. If 
one switch fails to function, operators can use the other switch. 
This change simply requests a one-time extension for the 
surveillance interval for one of two contacts from the manual Safety 
Injection [SI] switch on Main Control Board panel C. A redundant 
switch is available with two operable contacts on Main Control Board 
panel A.
    2. The proposed amendment does not create the possibility of a 
new or different kind of accident from any accident previously 
evaluated.
    The proposed amendment does not alter the performance of the 
Engineered Safety Features Actuation System. The proposed change 
does not involve any new equipment or modifications to existing 
plant equipment. Further, the change will not affect the manner in 
which any safety related systems perform their functions. Extension 
of the surveillance frequency of the manual SI actuation switch does 
not affect or create any new accident scenarios. Therefore, the 
proposed changes do not create the possibility of a new or different 
kind of accident from any accident previously evaluated.
    3. The proposed amendment does not involve a significant 
reduction in the margin of safety.
    The proposed change does not affect a margin of safety as 
defined in the Bases to the Technical Specifications. The automatic 
ESFAS is not affected by this one-time technical specification 
change. The change does not alter the setpoints for any plant 
parameters that initiate safety injection, nor does it alter any 
coincidental logic. Sufficient system functional capability is still 
available from diverse parameters.

    The NRC staff has reviewed the licensee's analysis and, based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
amendment request involves no significant hazards consideration.
    The Commission is seeking public comments on this proposed 
determination. Any comments received within 15 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of the 15-day notice period. However, should circumstances 
change during the notice period, such that failure to act in a timely 
way would result, for example, in derating or shutdown of the facility, 
the Commission may issue the license amendment before the expiration of 
the 15-day notice period, provided that its final determination is that 
the amendment involves no significant hazards consideration. The final 
determination will consider all public and State comments received. 
Should the Commission take this action, it will publish in the Federal 
Register a notice of issuance. The Commission expects that the need to 
take this action will occur very infrequently.
    Written comments may be submitted by mail to the Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC, and should cite the publication date and page number of 
this Federal Register notice. Written comments may also be delivered to 
Room 6D22, Two White Flint North, 11545 Rockville Pike, Rockville 
Maryland, from 7:30 a.m. to 4:15 p.m. Federal workdays. Copies of 
written comments received may be examined at the NRC Public Document 
Room, the Gelman Building, 2120 L Street NW., Washington, DC.
    The filing of requests for hearing and petitions for leave to 
intervene is discussed below.
    By March 27, 1996, the licensee may file a request for a hearing 
with respect to issuance of the amendment to the subject facility 
operating license and any person whose interest may be affected by this 
proceeding and who wishes to participate as a party in the proceeding 
must file a written request for a hearing and a petition for leave to 
intervene. Requests for a hearing and a petition for leave to intervene 
shall be filed in accordance with the Commission's ``Rules of Practice 
for Domestic Licensing Proceedings'' in 10 CFR Part 2. Interested 
persons should consult a current copy of 10 CFR 2.714 which is 
available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC and at the local public 

[[Page 7126]]
document room located at the Cameron Village Regional Library, 1930 
Clark Avenue, Raleigh, North Carolina. If a request for a hearing or 
petition for leave to intervene is filed by the above date, the 
Commission or an Atomic Safety and Licensing Board, designated by the 
Commission or by the Chairman of the Atomic Safety and Licensing Board 
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.714, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing.
    The petitioner must also provide references to those specific 
sources and documents of which the petitioner is aware and on which the 
petitioner intends to rely to establish those facts or expert opinion. 
Petitioner must provide sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact. 
Contentions shall be limited to matters within the scope of the 
amendment under consideration. The contention must be one which, if 
proven, would entitle the petitioner to relief. A petitioner who fails 
to file such a supplement which satisfies these requirements with 
respect to at least one contention will not be permitted to participate 
as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    If the amendment is issued before the expiration of the 30-day 
hearing period, the Commission will make a final determination on the 
issue of no significant hazards consideration. If a hearing is 
requested, the final determination will serve to decide when the 
hearing is held.
    If the final determination is that the amendment request involves 
no significant hazards consideration, the Commission may issue the 
amendment and make it immediately effective, notwithstanding the 
request for a hearing. Any hearing held would take place after issuance 
of the amendment.
    If the final determination is that the amendment request involves a 
significant hazards consideration, any hearing held would take place 
before the issuance of any amendment.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC, Attention: Docketing and Services Branch, 
or may be delivered to the Commission's Public Document Room, the 
Gelman Building, 2120 L Street NW., Washington, DC, by the above date. 
Where petitions are filed during the last 10 days of the notice period, 
it is requested that the petitioner promptly so inform the Commission 
by a toll-free telephone call to Western Union at 1-(800) 248-5100 (in 
Missouri 1-(800) 342-6700). The Western Union operator should be given 
Datagram Identification Number N1023 and the following message 
addressed to Mr. Eugene V. Imbro: petitioner's name and telephone 
number, date petition was mailed, plant name, and publication date and 
page number of this Federal Register notice. A copy of the petition 
should also be sent to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC, and to W.D. Johnson, Vice 
President and Senior counsel, Carolina Power & Light Company, Post 
Office Box 1551, Raleigh, North Carolina, attorney for the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
    For further details with respect to this action, see the 
application for amendment dated February 16, 1996, which is available 
for public inspection at the Commission's Public Document Room, the 
Gelman Building, 2120 L Street NW., Washington, DC, and at the local 
public document room, located at the Cameron Village Regional Library, 
1930 Clark Avenue, Raleigh, North Carolina.

    Dated at Rockville, Maryland, this 20th day of February 1996.

    For the Nuclear Regulatory Commission.
Ngoc B. Le,
Project Manager, Project Directorate II-1, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 96-4225 Filed 2-23-96; 8:45 am]
BILLING CODE 7590-01-P